Legal Question in Criminal Law in Pennsylvania
questioned?
I am being questioned by the police about a theft at my previous employer. There is no evidence that I did anything against the law. Should I ask for a lawyer before I make a statement? Should I refuse a polygraph? The police are targeting me because I am on ARD probation. What should I do. I have seen enough to know that police can interpret ''lie detectors'' however they want. If there is no concrete evidence should I refuse to say anything? Who will protect my rights if the police lie to me?
3 Answers from Attorneys
Re: questioned?
Remember, if the police want to talk to you, they either already think you are responsible for doing, seeing, or hearing something. If they are not willing to tell you if they view you as a "target or witness," then there is something wrong. Police may tell you what your rights are. If they do, take them up on it. Remain silent, request a lawyer.
Getting a lawyer involved early can often result in charges not being filed against you. You only have two choices when speaking with the police. Tell the truth, the whole truth & nothing but the truth or remain silent. If you provide a statement to the police, it can be used agaisnt you at trial if you tell a more complete version later. This is true even if the statement is exculpatory. Prosecutors often try to say "why didn't you tell the police..." type questioning. They will also recall the police officer that took your statement after you testify to show any discrepancies etc...
You are at risk due to your probation situation. Hire a lawyer. It will be money well spent or visit the Public Defender's Office in your county. Or you can call or email me. Good Luck!
Re: questioned?
You can always ask for a lawyer or exercise your right to remain silent. If the cop tells you that you are not a suspect and so you are not entitled to a lawyer or the right to remain silent, tell the cop that you want an immunity letter from the county da's office stating specifically that you are not a subject to this investigation and that you will not be prosecuted as a result of any of your answers given pertaining to this investigation. If they refuse, then i guess you are a suspect, and you thereby have a right to a lawyer or to remain silent.
feel free to call or email 215.825.5183 [email protected]. Good Luck. Brian.
Re: questioned?
I agree with everything Mr. Zeiger said, but I have a slightly different take on the situation. My advice to anyone who is questioned by the police is to tell them very politely that you will answer no questions and demand an attorney and to be left alone. Police are permitted to lie to anyone and they often tell lies to manipulate people. Don't talk to the police without an attorney present under any circumstances. Good luck.